Dovel & Luner Files Class Action Against Thinx

Press Release

SANTA MONICA – On Tuesday, Dovel & Luner filed a class action lawsuit against Thinx, Inc. Filed on behalf of consumers nationwide, the lawsuit alleges that Defendant’s period underwear products do not work as advertised. The lawsuit claims that consumers are being deceived and overcharged by Thinx’s misleading claims about its products’ absorbency.

The Complaint, filed in the United States District Court, Central District of California, alleges that Thinx violated California’s False Advertising Law and California’s Unfair Competition Law, among other claims.

Thinx makes, markets, and sells various types of period underwear, labeled by absorbency level, making claims about the specific amounts of fluid that each product can absorb. However, according to the lawsuit, the Thinx Products “do not absorb the specific amounts of fluid claimed. Instead, the Products leak, fail to hold the claimed amounts of fluid, and do not replace the need for disposable products like tampons or pads.”

The complaint cites tests performed on two representative products and found that “at the end of testing, none of the Products were able to absorb the specific amounts of fluid advertised. Instead, all of the Products [tested] leaked.”

The lawsuit adds, “The entire purpose of purchasing period underwear is so that the underwear absorbs fluid. Thus, the fact that the Products do not hold the claimed amounts of fluid, and instead leak, is material to a reasonable consumer… [Plaintiff] would not have purchased the Products if she had known that the Products did not hold the advertised amounts of fluid, leaked, and were not fit for use as period underwear.”

“Deceptive marketing of the menstrual products has misled consumers about the actual utility of these garments,” said Grace Bennett of Dovel & Luner. “We hope to continue to hold companies accountable for misleading claims about their products.”

SOURCE Dovel & Luner, LLP